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17 September 2020
Issue: 7902 / Categories: Legal News , Mental health
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NLJ this week: Consenting adults?

The complex and sensitive law on capacity to have sexual relations, is examined in NLJ this week by barrister Laura Davidson, No5 Chambers

Davidson looks at the recent case of A Local Authority v JB [2020] EWCA Civ 735, which concerned a man with difficulties in social interactions due to his Asperger’s Syndrome. He had a tendency to send inappropriate and sexually explicit and/or harassing messages to women and, due to a high risk he would commit a sexual assault, he received 1:1 supervision outside his supported living placement. He had been assessed by a clinical psychologist as unable to understand the concept of consent. However, the Court of Protection held that he did have capacity for sexual relations.    

Davidson covers the case, the appeal and the courts' reasoning throughout, and concludes with a three-page table summarising the key points of all the cases mentioned in the judgment.

MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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